RIGHTS UNDER THE LANTERMAN ACT
Individual Program Plans
Chapter 4
This chapter explains:
- What an IPP is
- How to make one that is right for you,
- How to put your IPP into practice, and
- How to change your IPP as your needs change.
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Chapter 4: Individual Program Plans
Table of Contents
1. What is an Individual Program Plan (IPP)? .............................................. 4-1
2. What is a “person-centered” IPP meeting? .............................................. 4-2
3. What if I do not understand what is being said at my IPP meeting? ......... 4-3
4. Where can I get more information about how to get ready for my IPP
meeting? .......................................................................................................... 4-3
5. Why is the IPP so important? ................................................................... 4-4
6. Who makes the IPP? ............................................................................... 4-5
7. What is an IPP Planning Team? .............................................................. 4-5
8. Who is on the IPP Planning Team?.......................................................... 4-6
9. I want my neighbor to be at my IPP meeting but she cannot come in person.
Can she participate by phone? ......................................................................... 4-6
10. What does it mean to “identify and build circles of support”? .................... 4-7
11. Where will the IPP meeting be? ............................................................... 4-7
12. Sometimes I misplace things that are sent to me. Will the regional center
send notices to someone else too? .................................................................. 4-7
13. The regional center just told me I am eligible for regional center services.
When do I get my first IPP? .............................................................................. 4-8
14. How often are IPP meetings required? ..................................................... 4-8
15. Can I ask for an IPP meeting at any time to change my supports? .......... 4-9
16. Can I ask someone to help me in my IPP meeting or can someone be
appointed to help me? ...................................................................................... 4-9
17. How can I participate in my IPP if I do not talk? ....................................... 4-9
18. What if I do not speak English? .............................................................. 4-10
19. What if I am worried about keeping track of everything that happens at my
IPP meeting? .................................................................................................. 4-11
20. Can I record my IPP meeting? ............................................................... 4-11
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21. Can the regional center record my IPP meeting? ................................... 4-11
22. What happens first at an IPP meeting? .................................................. 4-12
23. Can a regional center decide that it needs an assessment before writing my
IPP? ............................................................................................................. 4-13
24. What if the person from the regional center says he or she does not have
the authority to make a decision? ................................................................... 4-13
25. What if I need more than one meeting to develop my IPP? .................... 4-14
26. What should be written in the IPP? ........................................................ 4-14
27. Statement of goals and objectives ......................................................... 4-14
28. What is the difference between a “goal” and an “objective”? .................. 4-16
29. How do I decide which services or supports to ask for in my IPP? ......... 4-16
30. Does the IPP include information about my health and health care needs? 4-
18
31. Can I get special equipment or assistive technology through the IPP? .. 4-18
32. What kinds of special equipment or assistive technology can I get? ...... 4-19
33. Can a regional center refuse to write a service or support into my IPP based
on its own Purchase-of-Service policy? .......................................................... 4-19
34. Can a regional center refuse to provide a service or support because it does
not have enough money? ............................................................................... 4-21
35. What is “cost-effectiveness” and how does it affect the IPP process? .... 4-21
36. Should the IPP say if the regional center is going to help me get services
from another agency? .................................................................................... 4-22
37. What happens to my IPP if I move to an area with a different regional
center? ........................................................................................................... 4-23
38. Do I have the same rights at all meetings with the regional center that I
have at an IPP meeting? ................................................................................ 4-23
39. Will the IPP process be different if I live in a Developmental Center? .... 4-24
40. What if the planning team cannot agree on my IPP? .............................. 4-24
41. Why should I sign my IPP? .................................................................... 4-25
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42. What happens if I disagree with just one part of the IPP? ...................... 4-25
43. Can the regional center make changes in my IPP without my agreement? 4-
25
44. Does the regional center have to make my IPP work? ........................... 4-26
45. How does the regional center make sure I get the services and supports in
my IPP?.......................................................................................................... 4-26
46. What do I need to know about vouchers? .............................................. 4-29
47. Can I choose who will provide my services and supports? ..................... 4-31
48. What if the regional center agrees to a service but there is no provider
available? ....................................................................................................... 4-31
49. How can the regional center advocate for me to get services from other
agencies? ....................................................................................................... 4-32
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Individual Program Plans
This chapter gives you answers to the most common questions about
Individual Program Plans, called IPPs for short. We explain what an IPP is,
how to make one that is right for you, and how to put your IPP into practice.
You will also learn how to: change your IPP as your needs change, get
information in a language you can understand, and use vouchers and work
with your regional center to get the services and supports you need.
This information is based on a state law called the Lanterman Act. We also
give you the exact section of this state law where the information is found. You
may have to refer to the law to get the services you need. When you see
§ 4512(a), for example, it means that information comes from the Lanterman
Act, section (§) 4512, part a.
If you want to read the Lanterman Act, go to:
http://www.dds.ca.gov/Statutes/LantermanAct.cfm
1. What is an Individual Program Plan (IPP)?
The Individual Program Plan, called IPP for short, is a document that says
what services and supports you need and prefer. It also says who will provide
those services and supports. The IPP is like a contract: once you and the
regional center agree on what is in the IPP, the regional center must do what
the IPP says.1 You can only get the services listed in your IPP, unless you
change your IPP.
The IPP describes your needs, preferences and choices, your goals and
objectives, and the services and supports you need to reach those goals. The
IPP focuses on you and, where appropriate, on your family. Your IPP should
help you stay in your community and enjoy an independent, productive, and
normal life.2
1 “While it is true that regional centers have ‘wide discretion’ in determining how to implement the IPP, they have no discretion at all in determining whether to implement it; they must do so (§ 4648).” Association for Retarded Citizens-California (ARC) v. Department of Developmental Services (DDS) (1985) 38 Cal.3d 384, 390 (italics in original). All references in this manual are to the Lanterman Act unless it says otherwise. The § symbol means “section.” 2 § 4646(a).
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This chapter explains the IPP planning and writing process and how to make
sure that your goals, choices, and needs are at the center of your IPP. For
example, your IPP should include:
- Information about your strengths, choices, and needs.3
- The specific services and supports you need and choose to lead a more
independent and productive life.4
- The specific services you need to meet your individual needs.5 It must also
list the amount of services and supports you need.
- Who will provide those services and supports.
Your IPP must indicate if your regional center will provide, supervise, or
arrange for the services, or if the services will be provided by another agency.
Your IPP must also say if the regional center will pay for the service.6 The
Supplements at the end of this book can help you plan for your IPP so you
can get the services you need. Please use the checklists in Supplements J, K
and L to get ready for your IPP meeting.
2. What is a “person-centered” IPP meeting?
It’s important for you to have an IPP that meets your needs and reflects your
choices and preferences. To achieve this, the IPP meeting should be focused
on you! This is called “person-centered.” Person-centered planning is an
approach to working toward the future you want for yourself.7 It gives you a
way to say:
- Where you want to live and work,
- Who you want to live with,
3 § 4646.5(a)(1). 4 §§ 4501, 4502(a). 5 “The [Lanterman] Act clearly contemplates that the services to be provided each client will be selected ‘on an individual basis.’” Williams v. Macomber (1991) 226 Cal.App.3d 225, 232 (citing ARC v. DDS, supra, 388, 390). 6 § 4646.5(a)(4). “The services and supports the regional center agrees to provide to its clients should be set forth in unambiguous language. In the instant case, the provision that the regional center will ‘request’ funding is ambiguous because it is unclear whether the agency is agreeing to provide the services enumerated or is only agreeing to request them. Since the service agency stated that it is committed to provide claimant with the services set forth in its proposed IPP – and not merely request them – the IPP should reflect this in unambiguous language.” In the Matter of T.S. v. Golden Gate Regional Center, OAH Case No. 2003020153 & N2003010267 (citing ARC v. DDS, supra, 390). 7 § 4646(a).
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- How and with whom you want to spend your time, and
- How you want to arrange other important parts of your life.8
You must participate in making your IPP plan so you and your IPP team can
agree on the support you need to achieve your goals and dreams.9 It is an
ongoing process, not just one meeting. And it’s all about YOU and your goals.
3. What if I do not understand what is being said at my IPP meeting?
Everyone at the meeting should speak in a way that you understand. If
someone uses a word or phrase that you do not understand, ask them to
explain it. If you or your family do not speak English well, ask for an
interpreter.
The IPP meeting is your chance to talk about what is important to you. It’s
important to communicate the kinds of things you need from the regional
center and other agencies, such as Medi-Cal and IHSS, and from your family,
friends, and service providers.
4. Where can I get more information about how to get ready for my IPP
meeting?
Call Disability Rights California or OCRA, and ask for a copy of:
Your IPP – It’s Not Just A Piece of Paper. It was written by consumers for
consumers, so it is easy to understand.10
DDS also has these publications:
More Than a Meeting.11 This is a short, easy-to-understand guide to IPPs.
Individual Program Plan Resource Manual: A Person-Centered Approach.
This manual explains the details of the IPP process and best practices. It
also includes examples of different methods of person-centered planning
and success stories.
8 § 4502(j). 9 §§ 4512(j), 4646. 10 Publication number 5038.01. 11 Publication number 5122.01.
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From Process to Action: Making Person-Centered Planning Work. This
booklet shares real life stories about consumers who set their goals and
objectives and used the IPP process to achieve them.
Picture Sticker Book for use with the “Making My Own Choices” Booklet
and “Satisfaction Guide.” These booklets help consumers make choices
and identify what is important to them.
These and other DDS publications are available at:
www.dds.cahwnet.gov/publications/reports_publications.cfm.
Call DDS: (916) 654-1956
Or get more information or copies from:
Department of Developmental Services Carol Risley or Kathleen Ozeroff Office of Human Rights and Advocacy Services 1600 9th Street, Room 240, Sacramento, CA 95814 Tel.: (916) 654-1888.
5. Why is the IPP so important?
The IPP is important because it authorizes your services and supports. The
IPP is a contract between you and the regional center. It is an agreement to
provide services and supports.12 If there is a service or support you need and
want, including services or supports from other agencies, you must ask that it
be written in the IPP.
Whenever you need services and supports, ask your regional center for an
IPP meeting.13 Every service or support should be listed, including services
from a “generic agency.”14
Remember!
12 “The rights of developmentally disabled persons and the obligations of the state toward them are implemented through individual program plans (IPP) which regional centers must develop for each client.” Clemente v. Amundson, 60 Cal.App.4th 1094 (1998) (citing §§ 4646, 4647; ARC v. DDS, supra, 390). 13 See In the Matter of M.B. v. Redwood Coast Regional Center, OAH Case No. 2001120531, where the Administrative Law Judge determined: “[W]hen claimant’s request for services was presented to her service coordinator, he should have convened the planning team.” 14 § 4646.5(a)(4). 4646.5(a)(4). A generic agency provides services and benefits to people generally whether or not they are regional center clients. § 4644(b). Examples of generic agencies and services are the Medi-Cal or Medicare programs for health care, California Children’s Services or CCS for health care related to a physical disability, school districts for services provided through a special education program, Social Security Administration for SSI or Social Security Disability benefits.
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- If a service is listed in your IPP, the regional center must provide it or help
you get it or keep getting it from another agency.15
- If a service is NOT listed in your IPP, the regional center does not have to
give it to you or help you get it from another agency!
6. Who makes the IPP?
The planning team (the people at your IPP meeting) say what goes in your
IPP. The IPP lists the services that you and the regional center agree on. The
IPP meeting should not be adversarial. The IPP process is collaborative.16
You, your circle of support, and the regional center work together to come up
with ways for you to achieve your goals and dreams. You get to say what your
hopes, dreams and challenges are. And the regional center brings its
experience and knowledge of the services and supports that are available in
your community.
After the IPP meeting, the service coordinator at the regional center will give
you a copy of your IPP.17
7. What is an IPP Planning Team?
The IPP planning team is a group of people who work together to make an
IPP that is right for you.18 Together with you, they will make decisions on
services and supports, and who will provide the services and supports you
need. These decisions must be made at the meeting by the planning team.
The decisions will become the agreement between you (and your
representative or family, if appropriate) and the regional center.
Supplement J can help you remember the steps to making your IPP.
15 § 4648. 16 “The Legislature envisioned the IPP process as being collaborative. During the process, interested parties gather information about the consumer from as many sources as possible, evaluate that information, conceive a plan by which the individual’s needs of the consumer could be addressed, and express that plan in terms which allow for efficient evaluation of the effectiveness of the plan.” Alejandra R. v. Eastern Los Angeles Regional Center, OAH Case No. L-2003010445 and L-2003040204. 17 “The service coordinator is the person responsible for preparing, over-seeing, monitoring, and implementing the IPP.” See M.B. v. Redwood Coast Regional Center, OAH Case No. 2001120531 (citing § 4647(a)&(b)). 18 For definition of planning team see § 4512(j). Decisions about the services and supports to be written into the IPP must be made by the planning team members. § 4646(d).
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8. Who is on the IPP Planning Team?
Your IPP planning team includes:
- You
- Someone to represent you, if appropriate
- Your parents or guardian if you are a child under 18 (or a conservator if the
court has appointed a conservator to speak for you).
- Your relatives can be there, if you want them. (If you cannot speak, you
may also want a family member there to communicate what you want.)
- Anyone else you want to have at the meeting including someone from a
program you attend or from where you live.
- Someone from the regional center, including your service coordinator, and
someone who can say “yes” or “no” (a decision maker) when you ask for
something to be written into the IPP. (See Question 23 below.)
- If you live in a developmental center, the developmental center staff will
also be there.19
9. I want my neighbor to be at my IPP meeting but she cannot come in
person. Can she participate by phone?
Yes, your neighbor, or anyone else you choose, can participate by phone. Ask
the regional center to make sure there is a telephone with a “speaker” so that
your neighbor can hear what people say at your IPP meeting and the people
at the IPP meeting can hear what your neighbor says. Ask your service
coordinator to mail your neighbor your last IPP and any amendments along
with anything else the service coordinator will be bringing to the IPP meeting.
When you call your service coordinator, you can say: “I want my neighbor,
Mrs. Hill, to be at the meeting. She works and cannot be there in person.
Would you mail or fax her my last IPP and a copy of the papers you are
bringing to the meeting so she can participate by phone.”
19 § 4418.3(b).
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10. What does it mean to “identify and build circles of support”?
A “circle of support” includes your family, friends and other people in your life
who volunteer to meet with you regularly. Their goal is to listen to you, share
their experiences and help you become independent and involved with your
community. Solving problems is easier if you know you have the support and
assistance of neighbors and friends. A circle of support is one of a number of
“natural supports” that the regional center can help you start.20
Natural supports are people who are part of your community. They are your
family, neighbors, co-workers, friends, fellow students or co-workers, and
members of organizations, clubs, and civic organizations you associate with or
belong to.21
The regional center cannot make your natural supports help you. And, they
cannot stop or deny a service because a natural support could help you,
unless that person agreed to help and started to do so.
11. Where will the IPP meeting be?
Your IPP can be any place that is easy for you to get to. It should be at a time
that is convenient for you.22 Often, the meeting takes place where you live.
Sometimes the IPP meeting takes place at a day program or at your regional
center.
12. Sometimes I misplace things that are sent to me. Will the regional
center send notices to someone else too?
Yes. You can ask your regional center service coordinator to:
- Send notices about IPP meetings – and any other notices about your
services – to you and someone you want to help you, including a parent
or family member, advocates or friends.23
- Call you or tell you in person about IPP meetings. If you want a written
notice, we recommend that you write your regional center and ask them
20 § 4512(f). 21 § 4512(e). 22 § 4646(a). 23 § 4646(e).
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to send all future IPP meeting notices to you and the person you
designate.
13. The regional center just told me I am eligible for regional center
services. When do I get my first IPP?
Your written IPP must be completed within 60 days after your intake and
assessment.24 That means you will have your IPP meeting and your written
IPP document will be completed within a 60-day period. Sometimes –
especially when it is your first IPP – you will have more than one meeting. You
will have to start early to make sure the final IPP will be completed and
services started within 60 days.
If you have not heard from the regional center about your IPP meeting date
within 2-3 weeks of being told you are a regional center client, call the regional
center and ask when the IPP meeting will be held. If you do not know the
name of your service coordinator, the regional center operator will be able to
tell you. Or, ask to speak with the regional center person who helped you
during the intake process.
14. How often are IPP meetings required?
Every consumer’s IPP must be reviewed and modified at least once every 3
years. You may have it reviewed or modified more often, if you desire. Many
consumers change their IPP as their needs and achievements change.25
If you receive services through the Medi-Cal Home and Community-Based
Waiver,26 or if you live in a group home or an Intermediate Care Facility
(ICF/DD) or a developmental center,27 you must have an IPP meeting every
year to review your IPP.
You and someone you designate have the right to receive written notice of all
IPP meetings and any changes in services or appeals. (See Question 13
above.) 28
24 § 4646(c). 25 § 4646.5(b). 26 For more information about the Medi-Cal Home and Community-Based Waiver, see Chapter 1, Questions 22 and 23; Supplement D. 27 For more information about Intermediate Care Facilities, see Chapter 7, Question 28. 28 § 4646.5(e).
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15. Can I ask for an IPP meeting at any time to change my supports?
Yes. You can have an IPP meeting whenever you think you need one
because you want to change your services and supports. The planning
meeting must take place within 30 days of your request to review your IPP.29
You can use the sample request letter in Supplement N, at the end of this
book.
16. Can I ask someone to help me in my IPP meeting or can someone be
appointed to help me?
Yes. If you are an adult (18 years or older) and do not already have a
conservator appointed by a court, you may tell the planning team that you
want to name someone to help you and speak for you. This person will be
your authorized representative.
Disability Rights California does not recommend this. Instead, you can invite
someone to be with you at the IPP, but not appoint them to speak for you.
In some situations, you may want to ask the Area Board to appoint an
authorized representative to speak for you. The authorized representative will
help you express your needs and choices and make decisions.
If you cannot ask for yourself, someone may ask for you. You may ask for a
particular person to be appointed, such as a family member or friend. If you do
not ask for a particular person, the Area Board can appoint a family member
or a volunteer if they have one available. Area Boards must have people
available to be appointed representatives for you if you live in a developmental
center and it is proposed that you move to the community.30
Supplement AA has a list of Area Boards.
17. How can I participate in my IPP if I do not talk?
There are many different ways of communicating. People can give and get
information without speaking. Many people use signs or communication
devices, others can point, some are able to nod or blink “yes” or “no.” People
who cannot say “yes-no” can still communicate about what they like and do
29 § 4646.5(b). 30 § 4646.5(b).
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not like. They may indicate what they like by being relaxed, smiling, making
happy or contented sounds. They may signal what they do not like by being
tense, agitated, crying, or other signs of distress such as an increase in
seizures.
Because the IPP is person-centered, extra preparation may be required
before the IPP meeting to ensure your maximum participation and that the IPP
will reflect your choices.
You are entitled to an interpreter or facilitation if those services will help you
participate in your IPP meeting.31 Facilitation means that you can have
information presented in a way that you understand. You can have special
equipment or an assistant so you can understand the information and be able
to make decisions and choices that affect your life.32 If there are
communication difficulties, it may be especially important to have several
people present who know you well and know your likes and dislikes. These
people can help make sure that what gets written into the IPP is what you
really want.
18. What if I do not speak English?
Good communication is essential. If you do not speak English, have difficulty
understanding English, or feel more comfortable speaking in a different
language, tell the regional center when you schedule the intake meeting.
They must provide an interpreter for the meeting.
You can have an interpreter at every meeting, if you need one, including the
intake meeting. You may also want to bring along a friend or family member
who speaks English to help you. But, the regional center cannot require you to
bring a friend to be your interpreter. The law gives you the right to:
- Get translations of your IPP and other documents, and
- Have an interpreter for meetings or phone conversations.33
31 § 4512(b). 32 § 4512(g). 33 Government Code §§ 7290 et seq, §§ 11435.05, 11435.15, 11435.25(b); Welf. & Inst. Code §§ 4502.1, 4646, 4646.5(a)(1), 4701 et seq; Cal. Code Regs., tit. 22, §§ 98210(a), (c), (d), 98211(c).
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Let the regional center know you need an interpreter as soon as possible.
Supplement T at the end of this book shows you how to ask your regional
center for an interpreter.
If your regional center will not translate documents or give you an interpreter,
call Disability Rights California or OCRA for help.
19. What if I am worried about keeping track of everything that happens
at my IPP meeting?
There are things you can do to help you keep track of what happens at the
meeting, including:
- Bring someone with you to help take notes and help you follow what is
going on.
- Prepare before the meeting. (See the IPP Meeting Planner in Supplement
J.)
- Ask the regional center to bring an easel with large sheets of paper,
markers and masking tape. Ask someone at the meeting to write down
notes on the large sheets of paper and tape the sheets of paper to the wall
so that everyone can see the notes of the meeting.
- If you have assessments or reports that you think will help you receive the
services you are requesting, bring copies to your meeting.
20. Can I record my IPP meeting?
Yes. You, or your representative, can make a sound recording of your IPP
meeting. But you must tell the regional center at least 24 hours before the
meeting. You must also bring your own recorder. The regional center does not
have to give you recording equipment.34
21. Can the regional center record my IPP meeting?
Maybe. If you decide to record the meeting, the regional center may also
make their own recording of the meeting.
If the regional center wants to record your IPP meeting but you disagree, you
have the right to say that you will not go to the meeting if it is going to be
34 § 4646.6
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recorded. If you tell them you object, they are not allowed to record the
meeting.35
22. What happens first at an IPP meeting?
The first step in the planning process is gathering information and, if
necessary, conducting assessments.36 The information and assessments will
help determine your life goals, your capabilities and strengths, your
preferences, barriers to achieving your goals, and other concerns or problems.
This process helps the IPP team list your goals and objectives.
For children, a review of the strengths, preferences, and needs of the family
unit as a whole are included. Information must be taken from you, your family
and friends, advocates, service providers and others so that a full picture is
available.37
Often, no formal assessments are conducted. Instead, the information is
gathered at the team meeting. Make sure that enough time is spent during the
first part of the meeting to understand the information about you and identify
your goals, your strengths, capabilities and preferences, and the barriers to
achieving your goals.
Disability Rights California recommends using an easel and large sheets of
paper to write down notes. (See Question 20 above.)
Starting July 1, 2011, the regional center will also ask you for a copy of your
health insurance card. This includes private health insurance coverage,
health service plans, Medi-Cal, Medicare, and TRICARE cards. Remember, if
you do not have health coverage, the regional center cannot use that fact to
deny or reduce your services.
At each annual IPP, the regional center should give each family subject to the
Annual Family Program Fee a form and an envelope to mail payment to DDS.
(See Chapter 1 Questions 23 and 33 -38)
35 § 4646.6 36 § 4646.5(a)(1). “The IPP must include the following: an assessment of the client’s capabilities and problems.” ARC v. DDS, supra, 384, 390. 37 § 4646.5(a)(1).
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23. Can a regional center decide that it needs an assessment before
writing my IPP?
Yes. For people who need and want certain kinds of services or supports,
formal assessments may be done before the team meeting or between a first
and second meeting. Assessments are often done when the consumer may
need:
- behavior management services,
- occupational and/or physical therapy, or
- supported living.
Assessments must be done by someone who is qualified. Whenever possible,
the assessment should take place in the natural environment.38
24. What if the person from the regional center says he or she does not
have the authority to make a decision?
The law says that there must be someone at your IPP meeting who can make
decisions on behalf of the regional center. In fact, the decisions about your
services and supports must be made by someone who is at the meeting.39
That person may be the service coordinator, a supervisor or other
administrator. You have the right to speak directly with the people from the
regional center who make decisions about your services.
If the regional center “decision maker” is not present at your initial IPP
meeting, the law allows the regional center to have the decision maker come
to a second meeting within 15 days (unless you or your representative,
parent(s), guardian or conservator agree to a longer time).40
If a regional center says that a Purchase of Service (POS) or other committee
must make final decisions about the services and supports before the regional
center will agree to put the service in your IPP, you can object. You should not
agree to an IPP that just “recommends funding” for a particular service saying
that the final decision will be made later by the regional center. Final decisions
on your IPP should be made at this meeting. Although the regional center may
discuss your service needs at an internal meeting, after the meeting, and
38 § 4646.5(a). 39 § 4646(d). 40 § 4646(f).
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within 15 days, a representative of the regional center (perhaps from the
committee) must meet with you directly to discuss your goals and the services
you need.41
It is a good idea to tell your service coordinator before the IPP meeting what
you would like to discuss in the planning team meeting. That way the people
from the regional center will know about the decisions to be made at the
meeting and the regional center staff with authority to make decisions on
those services can be present.
You can use the sample request letter in Supplement N, at the end of this
book.
25. What if I need more than one meeting to develop my IPP?
If you have complex needs or if an assessment is needed to help determine
the services and supports you want and need, you may need more than one
meeting to come to agreement with the regional center on your IPP.
You and the regional center can continue to meet as often as you agree to in
order to write your IPP.
26. What should be written in the IPP?
The IPP must contain:
- a statement of your goals and objectives,
- a list of the types and amounts of services and supports you need, and
- a schedule for review and evaluation of your IPP.42
27. Statement of goals and objectives
The goals in your IPP must be based upon your needs, preferences, and life
choices. Your IPP must also contain specific, time-limited objectives for
reaching your goals and addressing your needs. The IPP must state
objectives in clear terms so that you and the regional center can measure
progress or monitor service delivery.
Goals and objectives should set out many possible ways for you to:
41 § 4646(d). 42 §§ 4646.5(a)(2)-(5).
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- Make friends and develop relationships with peers;
- Have a job, live in the community, go to school, and have activities that
you enjoy;
- Make decisions about where, with whom, and how you want to live;
- Be a part of your community by doing things like joining a recreation group,
a People First chapter, or a local committee;
- Learn skills such as handling your money, cooking, and using the bus; and
- Get the help you and your family need, such as respite, day care, and
behavior services.
List of Types and Amounts of Services and Supports
The IPP must list the types and amounts of services and supports the regional
center will purchase itself or obtain from generic agencies. It must describe
other resources you need to meet your IPP objectives. It must identify any
steps needed to get services started. It should identify service providers such
as vendors, contractors, generic service agencies and natural supports.
You (and when appropriate, your parents, legal guardian, or conservator)
must have a say in selecting providers. This list of services and supports
should not be written as a request for approval from another committee. You
are entitled to receive the services and supports listed in your IPP.
It is important to make the IPP as complete as possible so that if the regional
center decides to stop or reduce services, the IPP will show why you need
those services. A complete and detailed IPP also reduces misunderstandings
about what services and supports you are entitled to receive and should be
receiving.
Schedule of Review
Your IPP must contain a schedule for regular, periodic review and
reevaluation. Reviews show if you are receiving the services listed, if you have
met the IPP objectives, and if you are satisfied with the IPP and its
implementation.
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28. What is the difference between a “goal” and an “objective”?
Your IPP must have a statement of your goals, based on your needs,
preferences and choices.43
A goal is a broad statement about where you would like to live, what
recreational activities you would like to participate in or what kind of job you
would like to have.44 A goal can be something in your life that you would like to
change. For example, if you do not have a job, but would like to have one,
your goal may be “I will get a job.” A goal may be something in your life that
you would like to continue. For example, your goal may be “I will continue my
job.” It may take some time to reach your goals. In order to reach your goals,
you can break your goals into smaller steps or objectives.
Objectives are specific and time-limited activities that help you reach your
goals.45 Objectives must be written in your IPP in a way that allows
measurement of progress or monitoring of service delivery. For example, if
your goal is to get a job in your neighborhood, one of your objectives might be:
“Each week for the next three weeks, I will, with support, pick up job
applications from nearby businesses.”
Your goals and objectives should maximize your opportunities to develop
relationships and be part of your community life in areas such as housing,
work, school, and leisure.
29. How do I decide which services or supports to ask for in my IPP?
Under the Lanterman Act, the phrase “services and supports for people with
developmental disabilities” covers a wide range. It includes services and
supports to lessen the effects of developmental disabilities and to help people
with developmental disabilities achieve and maintain independent, productive,
and normal lives.46
You must figure out what you (and your family, if appropriate) want and need.
The IPP can help you select the services and supports you need and prefer.
43 § 4645(a)(2). 44 §§ 4502(j), 4645(a)(2). 45 § 4645(a)(2). 46 § 4512(b).
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The services you select must be cost-effective.47 All of the services and
supports you will receive must be listed in your IPP.
Here are some examples of services:
- Assessment Services
- Habilitation and training
- Treatment and therapy intervention
- Preventative Services
- An array of different living arrangements
- Community Integration
- Employment/Day Programs
- Advocacy
- Family Support Services
- Relationship services and supports
- Emergency and crisis services
- Specialized Equipment
- Transportation Services
- Facilitation/Self-Advocacy
- Interpreter/Translator Services
The list gives you ideas about what kinds of things are available. The list does
not include all of the services that should be available, but it is a good starting
point.
You can make a list of the things you want and need, and compare it to the list
in Supplement C, which is a complete list of services and supports covered by
the Lanterman Act.
See Supplement D for services available through the DD Waiver.
Use the IPP planners in Supplements J, K and L to help you figure out what to
ask for at the IPP.
47 § 4646.
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There may be many different services that can accomplish the same result, so
do not worry about labels. Think about what results you want from a service or
support. To prepare for an IPP meeting, make a list of your likes and dislikes,
wants and needs. Then make a list of the services you think will help you meet
your needs. If you have had a life quality assessment, the results will help you
plan for your IPP. See Question 10 above for more information about life
quality assessments. It is a good idea to write a letter to your service
coordinator telling him or her which services and supports you will be
requesting. Use the sample letter in Supplement N.
For services available to those living with their families, see Chapter 6. For
supports for living arrangements for adults, see Chapter 7. For a more
detailed discussion of work, day and leisure supports and services, see
Chapter 8.
30. Does the IPP include information about my health and health care
needs?
Yes. The IPP team, with the consent of the consumer, parents or legal
guardians, may review the consumer's general health status at the IPP
meeting.48 This review can include medical, dental and mental health needs. It
can also include a discussion of your current medications, any observed side
effects, and the date of the last medications review. If there are any concerns,
you should be referred to the regional center's clinical staff and/or to your
treating physician. Service coordinators must document your health status and
any referrals in your record.
31. Can I get special equipment or assistive technology through the IPP?
Maybe. Ask for the special equipment or assistive technology you need at
your IPP meeting. The regional center must help you get the equipment you
need from a generic agency, such as:
- California Children’s Services,
- Medi-Cal,
- private insurance,
48 § 4646.5(a)(5).
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- California Department of Rehabilitation, or
- your local school district.
If there will be a delay, the regional center must pay for the special equipment
or assistive technology in the meantime.49 If there is no other generic agency
that can pay for it, the regional center must pay for the equipment.50
Make sure your IPP includes time lines and identifies who will help you get
assistive technology.
32. What kinds of special equipment or assistive technology can I get?
Special equipment and assistive technology include:
- communication devices,
- hospital beds,
- wheelchairs,
- ramps to get in and out of your home,
- special hinges to make doors wider for a wheelchair,
- computers, and
- other devices and technology to help you lead a more normal and
productive life.
33. Can a regional center refuse to write a service or support into my IPP
based on its own Purchase-of-Service policy?
The Lanterman Act entitles every person with a developmental disability, on
an individual basis, to the services and supports you choose and need to live
49 In at least one case, a California superior court upheld an administrative hearing decision ordering the regional center to provide educational services during a dispute with the school district. In the ruling, the judge noted that the regional center “is obligated to provide services which meet each disabled person’s needs and fill in gaps of services available from other agencies” (emphasis added). The judge also found that “the Legislature intended to permit use of regional center’s funds to provide services which other agencies fail to provide even though they may be ordinarily responsible.” See T.S. v. North Los Angeles County Regional Center, OAH Case No. L-2002070084, implemented via a writ of mandate (Code Civ. Proc. § 1085) in T.S. v. Clifford Allenby et al., Los Angeles Superior Ct Case No. BS 079835. For example, if Medi-Cal denies authorization for a wheelchair, the regional center can authorize payment for the wheelchair while assisting the regional center client in appealing the denial from Medi-Cal (the generic agency). See § 4648(b). If on appeal the wheelchair is authorized, the provider is obligated to reimburse the regional center. § 14019.3(e). 50 §§ 4659, 4648(g).
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an independent and productive life in the community.51 A regional center may
not apply general policies that prevent you from getting services based on
what you want and need.52 Each regional center does, however, have its own
policies, which are used as guidelines for purchasing services and supports
for consumers. These Purchase-of-Service (POS) policies usually explain the
requirements for receiving a service and sometimes set limits on the amount
or frequency of the service. The policies vary from regional center to regional
center. DDS must review and approve all regional center POS policies.53
Since the amount and type of services a person receives is to be decided
individually at his/her IPP meeting, POS policies cannot forbid the purchase of
certain types of services (such as in-home nursing) or set strict limits on the
amount of a service (such as hours of day care assistance) that you can
demonstrate you need and prefer. Every POS policy must have an exception
for individual circumstances. Unfortunately, regional centers do not always
make this clear. If your regional center service coordinator tells you the
support you want is beyond what the regional center provides under its POS
policy, ask for a copy of the policy and for the exception policy. You can
appeal if you believe you need particular services or supports from the
regional center despite the POS policy.
For example, a regional center policy that limits independent living skills (ILS)
training to a maximum of two years violates the Lanterman Act’s requirement
that the regional center provide services based on your individual needs. A
policy with these limits cannot be used to deny a service if you can show that
you need and will benefit from more ILS training. For the same reason, a
policy that does not allow the purchase of in-home nursing respite for children
who depend on a respirator would also be against the law.
Some regional centers have mainly fair POS policies. Others do not. The
decision about what services or supports you need must be made in the IPP
planning process and must be based on your individual needs.54 If you are
51 §§ 4500.5, 4501, 4502. 52 See Williams v. Macomber, 226 Cal.App.3d 225 (1990) in which the State Appellate Court ruled that the denial of home day-care services on the basis of a general policy of denying such services to minors with working parents violates the Lanterman Act’s requirement that services to be provided for each consumer must be selected “on an individual basis.” The Court said that “the Regional Center’s reliance on a fixed policy is inconsistent with the Act’s stated purpose of providing services ‘sufficiently complete to meet the needs of each person with developmental disabilities’ (§ 4501).” Williams, 226 Cal.App.3d 225, 232 (emphasis added). 53 § 4434(d). 54 § 4646.
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denied a service because of a POS policy that sets unfair limits, you can file
an appeal. You can also file a complaint to challenge the policy itself as
having an illegal cap on services. You will find more information on appeals
and “Section 4731 Complaints” in Chapter 12.
34. Can a regional center refuse to provide a service or support because
it does not have enough money?
Funds are always limited, but a regional center must base its decisions about
which services and supports to provide based on your choices and needs.55
The California Supreme Court has said that the Lanterman Act entitles all
people with developmental disabilities to the services and supports they
choose and need to lead more independent and productive lives.56 As long as
it has any funds to purchase services, the regional center must provide
services and supports based on your individual needs and preferences, as
determined through the IPP process. The California Supreme Court has ruled
that regional centers have wide discretion in determining how to implement an
IPP. But, they have no discretion at all in determining whether to implement it.
In other words, they must do what your IPP says. You can request a fair
hearing if the regional center denies or reduces your services or supports
because of lack of money.
If the regional center says it cannot provide (or must stop or cut back) a
service or support that is in your IPP, you must get proper written notice. The
regional center must also notify DDS in writing within 30 days of the date it
notified you of its decision. The regional center must describe the service and
the expected cost. The regional center must request that DDS provide the
regional center, within 30 days, with enough money to cover the cost to the
end of the fiscal year.57
35. What is “cost-effectiveness” and how does it affect the IPP process?
Parts of the Lanterman Act say that regional center services must be cost-
effective in achieving your goals and implementing your IPP.58 This means
55 Under the 2009 revisions to the Lanterman Act, regional centers are required to purchase services from the least costly available provider of comparable service. However, the services must still meet your needs and must be decided upon through the IPP process. See Chapter 6 for more information. 56 Association for Retarded Citizens v. DDS, 38 Cal.3d 384 (1985). 57 §§ 4710(c), (d). 58 §§ 4512(b), 4646(a), 4648(a)(1)(6), 4651(a), and 4685(c)(3).
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that the regional center must deliver the services and supports you choose
and need so that you get the best results for the money spent.59 The regional
center must choose the least costly provider who meets your needs as
identified in your IPP60 when choosing among providers who deliver the same
services of comparable quality. But it cannot make cost the only factor when
deciding whether to provide a needed service to you. The regional center
cannot deny a type of service because they believe it is not cost-effective. For
example, the regional center may not deny you supported living services
because it says you could live in a group home more cheaply. Cost effective
service does not mean the cheapest service.
36. Should the IPP say if the regional center is going to help me get
services from another agency?
Yes. If a generic agency can provide a service you need, regional centers are
required to help you get those services before they pay for the services
themselves.61 Sometimes the regional center refers consumers to generic
agencies without making sure that the needed services are available or that
the services will really meet your needs. The regional center is responsible for
advocating for you to make sure that the services you need are really
available from another agency.62 The regional center should also make sure
that no gaps occur in the provision of needed services.63
If a public agency or private business refuses to pay for a service or support
that you need immediately (and it would otherwise be a regional center
responsibility) the regional center must pay for the service until the
responsible party agrees to pay.64 Because of this, it is important that the IPP
59 Cal. Code Regs., tit. 17 § 58501(a)(6). 60 §4648(a)(6)(D) 61 § 4648(a)(8). 62 § 4648(b). 63 The Lanterman Act provides: “[t]he complexities of providing services and supports to persons with developmental disabilities requires the coordination of services of many state departments and community agencies to ensure that no gaps occur in communication or provision of services and supports.” § 4501 (emphasis added). 64 Once services and supports are identified in the IPP, the regional center must secure the needed services and supports. § 4648(a) and § 4640.7 and ARC v. DDS, supra, 384, 388, 390. Service coordination provided by the regional center includes “… securing, through purchasing or by obtaining from generic agencies or other resources, services and supports specified in the person’s individual program plan…”§ 4647(a).
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say whether the regional center is going to help you get the services you need
from another agency.
37. What happens to my IPP if I move to an area with a different regional
center?
When you move, the new regional center must follow the IPP developed at
your former regional center until a new IPP is developed.65
If any of the services and supports written into your IPP are not available in
the new regional center’s area, the regional center must set up an IPP
meeting within 30 days.66 Meanwhile, the new regional center will provide
alternative services that best meet your needs.67
DDS has guidelines that describe how regional centers must make your
transition to the new regional center smooth, and make sure that there are no
delays or gaps in your services and supports.
For more information about transferring from one regional center to another,
see Supplement H and Chapter 3, Questions 19 through 21.
38. Do I have the same rights at all meetings with the regional center that
I have at an IPP meeting?
In Disability Rights California’s opinion, yes. Regional centers sometimes hold
“ID team meetings,” “informal IPPs,” or “annual reviews” that the regional
center may not consider to be IPP meetings. Sometimes the regional center
will say that agreements reached at these meetings are not formal
agreements and do not have to be followed.
Disability Rights California believes that any meeting at which regional center
staff meets with you and/or your family to discuss services and supports is
actually an IPP meeting. This means that a decision maker must be present,
the agreements you make must be followed, and you must be able to sign the
IPP amendment including a written confirmation of your agreement. If the
65 “Whenever a consumer transfers from one regional center catchment area to another, the level and types of services and supports specified in the consumer’s individual program plan shall be authorized and secured, if available, pending the development of a new individual program plan.” § 4643.5(c). 66 § 4643.5(c). 67 “Prior to approval of the new individual program plan, the [new] regional center shall provide alternative services and supports that best meet the individual program plan objectives in the least restrictive setting.” § 4643(c).
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regional center wants to change or terminate one of your services, always ask
them to put it in writing before you agree to it. This way you will be able to see
exactly what they are proposing and will be better informed as you decide
whether or not to agree to what the regional center proposes.
Read Supplement I at the end of this book to make sure your rights are
protected at all meetings.
39. Will the IPP process be different if I live in a Developmental Center?
No. IPP requirements are the same regardless of where you live. If you live in
a Developmental Center (DC), however, it is the DC staff, rather than regional
center staff, who are responsible for coordinating the planning team process.
Even though you live in a DC, the regional center must continue to participate
in the IPP process. Planning teams must include one or more regional center
representatives.68 Regional center participation is particularly important
because regional center staff are more likely to be familiar with community
services and supports that would enable you to move back to the community.
The Lanterman Act specifically emphasizes the importance of coordinating
with regional centers, as well as regional resource development projects, in
the process of transitioning people to the community.69
It has been Disability Rights California’s experience that regional center
representatives frequently do not attend IPP meetings for consumers in DCs.
Because they are required members of the team, and because less restrictive
alternatives should always be a focus of the IPP process for DC residents, you
should insist that your regional center participate, preferably in person, at all of
your planning team meetings.
40. What if the planning team cannot agree on my IPP?
If the planning team is unable to agree on the services and supports that will
be in your IPP after one or more meetings, or if you can get no answer to your
request for services, you can ask for a fair hearing.
See Chapter 12 for more information about the fair hearing procedures of the
Lanterman Act.
68 § 4512(j). 69 § 4418.3.
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41. Why should I sign my IPP?
You or your representative (or your parents, guardian or conservator, if
applicable) must sign the IPP so it can go into effect.70 If you agree on some
things but not on others, you should write down which things you agree on
and which you do not agree on. Then sign the IPP so that the agreed-upon
services and supports can go into effect. You can appeal any disagreement
through the fair hearing procedure. The matters you do agree on should go
into effect by the date you have determined at the meeting.
42. What happens if I disagree with just one part of the IPP?
If the regional center refuses to authorize a new service that you have
requested, it must send you a written notice within 5 days after the IPP
meeting.71 If the regional center says it wants to change or end a service you
are already getting, it must give you written notice 30 days in advance of the
change or cut-off.72 The notice must include the action that the regional center
intends to take, the reason, the effective date, the law supporting the action,
and information on how to appeal the decision, including referrals to advocacy
assistance.73
See Chapter 12 on Disputes and Appeals.
43. Can the regional center make changes in my IPP without my
agreement?
Yes, but there are certain things the regional center must do before it makes a
change:
- The regional center must discuss any changes it wants to make to your
IPP at an IPP meeting.
- After the meeting, if the regional center still wants to stop or change a
service, it must notify you in writing that it intends to do so.
70 § 4646(g). 71 § 4710(b). 72 § 4710(a). 73 § 4701.
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- The regional center must notify you in writing at least 30 days before
reducing, terminating, or changing services in your IPP.74
If you disagree with the proposal to change or stop a service, you can file an
appeal. (See Chapter 12.) To make sure the service is provided until the
appeal is decided, you must file your appeal within 10 days from the date you
get the notice in the mail.75 This is called “Aid Paid Pending.”
You have 30 days to appeal from the date any change is proposed or made in
your IPP, but to have a service continue until the appeal is heard you must
appeal within 10 days.76
44. Does the regional center have to make my IPP work?
The regional center must do several things to make your IPP work, including:
- Get the services and supports identified in your IPP. (Be specific about
what services and supports you want and need.)77
- Advocate for your legal, civil and service rights.78 (See Question 47 below.)
- Identify and build a Circle of Support for you.79
- Ensure the quality of the services you receive.80
- Develop new programs, if what you need does not exist or is not available
now.81
45. How does the regional center make sure I get the services and
supports in my IPP?
Once you and the regional center agree on the services and supports you
need, the regional center must get them for you. It can do that in many ways,
including:
Obtain Services from Generic Agencies
74 § 4710(a). 75 § 4701(n). 76 § 4710.5(a). 77 §§ 4648(a), 4646.5(a)(2). 78 §§ 4648(b), 4512(b). 79 § 4648(c). 80 § 4648(d). 81 § 4648(e).
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The regional center can help you get services from another agency that
provides services to the public, such as the public school, Medi-Cal or IHSS.
These agencies are called “generic agencies.”82 If a generic agency can
provide a service you need, regional centers are required to help you get that
service before they pay for the service.83 This is a good idea, but in practice it
can cause problems. Sometimes the regional center refers consumers to
generic agencies without making sure the needed services are available or
that they will meet your needs. The regional center is responsible for
advocating for you to make sure that the services you are eligible for from
another agency are actually provided. (See Question 47 below.)84
The regional center should make sure there are no gaps in the services
provided.85 If a public agency or private business refuses to pay for a service
or support that you need immediately (and it would otherwise be a regional
center responsibility) the regional center must pay for it until the responsible
party agrees to pay.86
Purchase Services and Supports from Service Providers (Vendors)
The regional center can purchase services for you directly from a service
provider. The regional center can go to a service provider, an agency, or an
individual it already has an agreement with, or it can contract separately with a
new agency or individual.87 The regional center must find providers who can
meet your needs.
Provide You with Vouchers
82 §§ 4640.7(a), 4647(a). 83 § 4648(a)(8). 84 § 4648(b). 85 Under the Lanterman Act, the State of California accepts a responsibility for people with developmental disabilities and an obligation to them, which it must discharge. Furthermore, “[t]he complexities of providing services and supports to persons with developmental disabilities requires the coordination of services of many state departments and community agencies to ensure that no gaps occur in communication or provision of services and supports.” § 4501 (emphasis added). 86 In at least one case, a California Superior Court has upheld an administrative hearing decision ordering the regional center to provide educational services during a dispute with the school district. In its ruling, the Superior Court Judge noted that the regional center “is obligated to provide services which meet each disabled person’s needs and fill in gaps of services available from other agencies” (emphasis added). The Court also found that “the Legislature intended to permit use of regional center’s funds to provide services which other agencies fail to provide even though they may be ordinarily responsible.” T.S. v. North Los Angeles County Regional Center, OAH Case No. L-2002070084. 87 § 4648(a)(3)(B).
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The regional center can provide you with a “voucher” for the services or
equipment that you need.88 Vouchers are like payment coupons. The voucher
lets you (or your family, where appropriate) select who will perform the
service.89 The regional center still has the responsibility of making sure that
the service or item is available. (See Question 46 below.)
Develop Services If They Do Not Exist
When it is necessary to expand the availability of needed services of good
quality, a regional center can solicit an individual or an agency by “Request for
Proposal” (RFP) or other means, to provide needed services or supports that
are not currently available.90
Request for Funds
Regional centers can request funds from the Program Development Fund or
from community placement plan funds to reimburse the start-up costs that
may be needed to start a new program or services and supports that you
need.91
Use Creative/Innovative Means
Regional centers can use creative and innovative service delivery models,
including, for example, natural supports, such as friends or relatives of the
consumer.92
Provide Direct Treatment and Supports In an Emergency Situation
Generally, regional centers cannot provide direct treatment and therapeutic
services. Instead, they have to use appropriate public and private community
agencies. But in an emergency situation, regional centers can provide direct
treatment and therapeutic services.
DDS Can Provide Services Directly
In order to meet your IPP goals in rare situations “where there are identified
gaps in the system of services and supports or where there are identified
consumers for whom no provider will provide services and supports contained
88 § 4648(a)(4). 89 §§ 4512(i), 4648(a)(4). 90 § 4648(e)(1). 91 § 4648(e)(2). 92 § 4648(e)(3).
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in his or her individual program plan,” DDS may also provide the services and
supports directly.93
Statement of Services and Supports
At least once a year, your regional center will send to you, your parents, legal
guardian, conservator, or authorized representative, a statement of services
and supports that lets you know what the regional center purchased for you.94
The statement of services and supports will include the type, unit, month and
cost of services and supports that the regional center purchased for you. The
statement provides only information and does not change or reduce what you
are already receiving.
The reason the regional center is sending this statement to you is to make
sure that you are actually getting the services and supports that the regional
center is paying for you to get. If you receive the statement of services and
supports from the regional center and see that you are not getting the services
and supports that are being charged, be sure to let your regional center know.
46. What do I need to know about vouchers?
Vouchers are one way of getting services. They are “coupons” that authorize
you to pay someone to provide a service for you. There are vouchers for
things such as respite, transportation services, day care, in-home nursing, and
diapers.
The advantage of vouchers is:
You can use them to purchase services from any person or organization
you choose and avoid agency waiting lists.
The disadvantage of vouchers is:
They make you responsible for finding a service provider.
By using a voucher you may be establishing an “employer-employee”
relationship between you and your family and the person who is hired to
provide the service.95 Effective October 1, 2011, the voucher program for day
care, nursing services, respite services, transportation, and community based
training services will be changed. Instead of you receiving payment directly,
93 § 4648(g). 94 § 4648(h) 95 Cal. Code Regs., tit. 17 § 54355.
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you will be required to use a Financial Management Service (FMS) provider.96
FMS providers help you by doing the general payroll and billing functions.
There are two types of FMS providers. The FMS Fiscal/Employer Agent
where you or your family is the sole employer and has independent authority
to hire and fire workers or the FMS Co-Employer where you or your family has
the authority only to make recommendations about the hiring and firing of
workers.
FMS providers do the following duties:
1) Collect and process timesheet of the workers,
2) Assist your or your family in verifying the worker’s eligibility for employment,
3) Process payroll (including taking out for taxes),
4) Make monthly expenditure reports to you or your family member,
5) Maintain all records, and
6) Ensure that the payments do not exceed what was authorized by the
regional center.
You or your family has the following duties:
1) Recruit workers and verify that they are qualified to do the job,
2) Develop qualifications based on your needs and preferences,
3) Determine worker duties,
4) Schedule and instruct the workers,
5) Supervise and evaluate the workers, and
6) Verify and approve the timesheets.
You should not have to pay for this service. The regional center should pay
for the FMS provider. The transition to a FMS provider should not affect your
services or the number of hours you receive.
The important thing is that the regional center cannot make you use vouchers
instead of one of the other ways of securing services for you. This is
particularly true if, because of your disability, you are not able to manage all of
the additional work required.
96 Cal.Code Regs., tit. 17 §§ 54355, 58884 -58886 4-35
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47. Can I choose who will provide my services and supports?
You have an important voice in choosing your service provider, but it is not up
to you alone. In deciding on a service provider, the planning team, including
you and your family or advocate, if appropriate, must consider the following:
- Does the provider have the experience and ability needed to successfully
help you meet your IPP objectives?
- Does the provider have the necessary license or certification?
- Can comparable services that meet your IPP needs be obtained at less
cost from another provider?
- Has the provider you or your family wants to select been considered?97 For
a service to continue you must be satisfied with it and you must be making
reasonable progress toward meeting the objectives in your IPP.98
You do not necessarily have a right to any provider you choose if others are
available who can provide services that meet your needs at a lower cost. You
will need to show the regional center that only the provider you choose can
meet your needs, or that the provider you choose is the least costly. When
calculating the costliness of a service, regional centers will include the cost of
transportation to and from the service.
48. What if the regional center agrees to a service but there is no provider
available?
Sometimes your planning team will agree that you need a particular service,
but there is no provider available. This can be a serious problem. Although it
can be difficult for the regional center, they must still use every possible
means to fulfill your IPP.99 They have some choice about how they will get the
services listed in your IPP. And, you may need to insist they do everything
possible to find a provider.
The regional center can look at these options:
- They can ask existing providers if they will provide the service you need,
even if it is different from the services they usually provide.
97 § 4648(a)(6). 98 § 4648(a)(7). 99 Assoc. for Retarded Citizens-Calif. v. Dept. of Developmental Services, 38 Cal.3d 384, 388 (1985).
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- They can contract with different agencies to provide the services you need.
- They can send a “Request For Proposals” (RFP) to all of the provider
organizations in the area to see if an agency is willing to develop new
services.
- They can see if a provider from a different area will be willing to come into
your area and provide services for you.
- They can ask for funds from DDS in order to initiate and develop a new
program of services and supports.100
See Question 43 above for the different ways regional centers can make sure
you get the services and supports that are written in your IPP.
Regional centers are expected to have services available in the community
where you live. However, it may take time to develop the services and in some
instances no provider may be willing to develop the service in your area.
The regional center may ask you if you are willing to move to a different area
where there is a provider of the services you need. That is often a very difficult
thing to do. Sometimes this happens if you need a residential placement and
there isn’t one available in your community. Regional centers may do a
“statewide search” for available placements and may find a space for you in
another area of the state.
If the regional center says that it does not have a particular service or support
you need and want (and it is not available from a “generic” source) or the
regional center will not provide it for any reason, you can appeal that decision
through the fair hearing and appeal process. (See Chapter 12.) But first
consider the regional center’s reason for denying your request and see if there
are alternatives that you can agree to.
49. How can the regional center advocate for me to get services from
other agencies?
You may be entitled to various types of services from a variety of agencies
and programs. Some examples of these services are:
- Appropriate special education services from your local public school,
100 § 4648(e).
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- Equipment and services from Medi-Cal, California Children’s Services
(CCS) or private health insurance,
- Supplemental Security Income (SSI), or
- The right kinds and amounts of In-Home Supportive Services (IHSS).
If you are having trouble getting the services and benefits you need, the
regional center must advocate for you. Your service coordinator (or someone
else selected by the regional center) might help by going with you to your IEP
meeting at the school, or help you calculate IHSS hours by figuring out how
much time it takes to do different tasks at home. The regional center could
also help you at an administrative hearing with one of these agencies.101
Regional centers must now have a staff person (or contract with someone)
who has expertise in the areas of criminal justice, special education, family
support, affordable housing and quality assurance. Regional centers must
also hire a “consumer advocate” who is a person with developmental
disabilities.102 You should be able to go to any of these people to get help
advocating.
If the regional center cannot or will not help, you can file a complaint or an
appeal. See Chapter 12 for more information about appeals.
101 § 4648(b)(1), (2). Some regional centers hire attorneys to represent consumers. You can ask your regional center for this type of help. 102 § 4640.6(g)(7).
